On 7 July 2022, the legislator adopted an Act amending the anti-discrimination legislation in Belgium. Previously, the law prohibited discrimination on the basis of “current or future health status”. From now on, it will be necessary to take into account the “state of health” in general, whether it concerns the present, future or past.
Context
The Belgian anti-discrimination Act of 10 May 2007 prohibits discrimination on the basis of certain criteria, including the ‘current or future state of health’.
When adopting the Act back in 2007, the scope of this criterion was fiercely debated. In the end, it was decided to exclude past health status. Only discrimination based on “present or future” health status was therefore prohibited.
Amendments to the Act of 10 May 2007
The Act adopted by the Federal Parliament replaces the words “present or future state of health” with the more general criterion of “state of health”.
These amendments will come into force 10 days after the publication of the law in the Belgian Official Gazette.
Consequences in the field of labour relations
According to the explanatory memorandum to the Act, the legislator’s aim is to extend the protection to the medical past. However, this does not mean that the employer will be prohibited, for example, to dismiss a worker who has had health problems in the past.
In order to constitute discrimination, the unfavourable treatment must of course be linked, directly or indirectly, to this state of health. On the other hand, the employer can still justify this difference in treatment by showing that it pursued a legitimate aim and that it used appropriate and necessary means to achieve that aim.
What to remember?
From now on, differences in treatment based on a worker’s past health status will also be prohibited, unless they are justified by a legitimate aim and the means to achieve that aim are appropriate and necessary.
This article was first published by our Belgian member firm Sotra. If you have any questions about this news, please do not hesitate to contact one of their lawyers.
Source: Proposal for law of 1er July 2022 amending the anti- discrimination Act of 10 May 2007, adopted by the Federal Parliament on 7 July 2022.
